I work with a variety of business clients that have their own logistics departments to coordinate their international shipping operations. For many companies, however, having an in-house logistics department can really put a dent in a company's bottom line. That's why third party logistics providers or 3PLs have become so valuable. In selecting a 3PL, a company (the … [Read more...]
Yes, that International Forum Selection Clause is Enforceable. Probably.
In international litigation, the issue that's always raised when dealing with the enforceability of an international contract is whether the agreement's forum selection clause is enforceable. And usually the answer is yes, the forum selection clause will be enforceable. Probably. I say probably because there are a set of discrete factors that a court will look at in deciding … [Read more...]
Why You Should Include INCOTERMS in Your International Contracts.
I received an email from a client in Brazil last week about an important international trade deal involving a buyer in the United Arab Emirates. The issue was that Company Y in Brazil was negotiating a contract with Company X in Dubai but was unclear how a key transportation term in the contract should be defined. The problem was easily worked out by incorporating INCOTERMS … [Read more...]
Boeing's Dreamliner is a Dream for International Litigators.
There's been a lot of press the past few days over the worldwide grounding of Boeing's Dreamliner aircraft due to faulty batteries. As reported in the Wall Street Journal article, All Boeing Dreamliners Are Grounded World-Wide, the grounding of the Dreamliner marks the first time in four decades that U.S. airlines were forced to ground an airliner. U.S. airlines were joined … [Read more...]
International Litigation: Why Apple Will Lose this Lawsuit in Belgium.
Engaging in international business is thrilling. However, one must always be mindful that the contractual provisions governing a business transaction will many times conflict with the laws of another country. Just several days ago I posted an article cautioning international e-commerce companies that a forum selection clause in a consumer contract will not be recognized in … [Read more...]